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40-25-13

Records.

It shall be the duty of every person, firm, corporation, club, or association
of persons, receiving, storing, selling, or handling tobacco products
enumerated herein in any manner whatsoever to keep and preserve all invoices,
books, papers, cancelled checks, or other memoranda touching the purchase,
sale, exchange, or receipt of any and all tobacco products enumerated
herein. All such invoices, books, papers, cancelled checks, or other memoranda
shall be subject to audit and inspection by any duly authorized representative
of the Department of Revenue at any and all times. Each operator of a
retail outlet shall receive, examine, and retain the purchase invoice
from the source of the tobacco products for every purchase of tobacco
products for a period of 90 days at the retail location. At the end of
the 90 days, the purchase records shall be maintained with the required
books and records for a period of three years from the date of purchase.
Invoices received by the retailer dealer must be computer or machine generated
and must show the seller's or supplier's name. Invoices cannot
be handwritten. Failure to acquire appropriate invoices, substantiate
tax payment or retain invoices in the above manner may result in confiscation
of the tobacco products in accordance with the procedures of this chapter.
Any person, firm, corporation, club, or association of persons who fails
or refuses to keep and preserve the records as herein required, or who
upon request by a duly authorized agent of the Department of Revenue fails
or refuses to allow an audit or inspection of records as hereinabove provided
may be subject to a department imposed penalty of not less than five hundred
dollars ($500) nor more than one thousand dollars ($1,000). This penalty
is multiplied by the number of violations of this subsection.

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